Freshfields secures landmark victory for train companies in UK Competition Appeal Tribunal opt-out claim

Global law firm Freshfields has secured a landmark victory for its clients, London & Southeastern Railway (LSER) and Govia Thameslink Railway (GTR), following a long-running class action before the Competition Appeal Tribunal that began in 2019.

The Tribunal unanimously and decisively ruled that LSER and GTR did not breach competition law in the way they marketed and sold specific train tickets known as “boundary fares”. The Tribunal’s judgment is an important restatement of the distinction between competition law and consumer law and affirms that the competition law prohibition of abuse of dominance does not create an obligation on dominant companies to organise or conduct their businesses so as to ensure that all of their customers make optimal purchasing decisions.

The Freshfields team comprised antitrust litigation partners Mark Sansom, Nicholas Frey, and Jess Steele, senior associates Angus Reston and Xander Friedlaender and associates Lydia Ream, Amy Sanderson, Ellie Mirchandani, Alisha Wright and Holly Adams.

The full judgment can be viewed here.